i hope the obama administration will allow us that option that exists in our law. they have a very bad track record here. >> cane see mike tobin again? >> 10 seconds later the second explosion goes off according to the fbi at the location where he dropped his -- please don't do that, where he dropped his knapsack. shepherd? >> the only bright spot in this whole thing. ambassador, is it a mistake not to label him a combatant? can we still an interrogate him? >> there is a choice that has to be made here whether you treat these criminals as through the criminal justice system or you treat them as enemy combatants. it is because they are too fundamentally -- two fund mentally different things at work. if you think there is just a jumped up case of bank robbery it is for the criminal justice system. if you think it is part of an on going war against the united states it is completely different paradigm. and trying to mix the two together which many do hurts us both in criminal law enforcement and in the war against terror. >> the fact is we know terror creates a new ba